Basic Guide to Health and Safety Committees: Roles and Legal Responsibilities
Health and Safety Committees are essential structures for fostering workplace safety through collaboration between employers and employees. Under the Occupational Health and Safety Act, employers are legally required to establish and maintain these committees to ensure health and safety measures are implemented, promoted, and regularly reviewed.
Employer’s Duties
Appointment of Members
Section 19(1): Employers must appoint at least two health and safety representatives if the workplace has multiple employees.
Written Designations: All health and safety committee members must be formally appointed in writing for a specified term.
Consultation and Membership Numbers
Section 19(2)(c): Employers must consult with committee members to develop, maintain, and review health and safety measures.
The number of employer-nominated representatives (managers) cannot exceed the number of health and safety representatives.
Committee Meetings
Section 19(4): Committees must meet at least once every three months.
Employers must provide a suitable venue for these meetings and facilitate all necessary requirements.
Responsibilities of Health and Safety Committees
Health and Safety Committees play a vital role in maintaining a safe and secure workplace:
Recommendations: Committees may make recommendations to employers and inspectors regarding safety measures.
Incident Reporting:
Section 19(6)(a): Committees must record and discuss all workplace incidents involving injuries, illnesses, or fatalities.If unresolved, committees may escalate these matters by submitting written recommendations to an inspector.
Record-Keeping: Committees are required to maintain records of incidents and recommendations for a minimum of three years as stipulated by GAR 5.
Self-Evaluating Checklist for Employers
To ensure compliance with the Act, employers can use this checklist:
Section 19(1): Are there two or more health and safety representatives appointed?
Section 19(4): Does your health and safety committee hold meetings at least quarterly?
Section 19(3): Are all members designated in writing?
GAR 5: Are meeting records and recommendations preserved for a minimum of three years?
Health and Safety Committee Guidelines
Meeting Structure
Committee members must elect a chairperson, determine meeting schedules, and decide on procedures for handling agenda items and recommendations.
Advisory Members
Committees may co-opt advisory members with specific expertise. However, these advisory members are not granted voting rights.
Liability
Committee members are shielded from civil liability for any failure to perform their functions, provided their actions are in good faith and within the framework of the Act.
Disclaimer
While we strive to provide accurate and up-to-date information, this guide is intended for general informational purposes only and does not constitute legal advice.
Let us work together towards building a safe and compliant workplace!